Faulty Mattress

Becles

I bought a new mattress that is two months old now along with a new divan base. The mattress has been rotated once a week, as per the care instructions that came with the mattress. There's only me sleeping in it and I'm of average weight.

There's two distinct dips diagonal to each other where the top half of my body has been laying. You can see them just looking at the mattress. I measured them at between 3 - 5.5cm deep by laying my mop across the bed and using a ruler to measure the dip under the mop handle. I sent photos of this to the store I bought the bed from who forwarded my complaint to the manufacturer.

The manufacturer sent a man out to have a look at it. He had a tatty bit of string with bean bags attached to it. He laid the string across the bed and had a piece of card with measurements on. However, he took his measurements from the middle of the mattress where the dips are not present. He lay on the middle of the mattress and said it was fine, so I told him to move to one side. He did and agreed it was dipping there but refused to take measurements again from that area. He was only in the house for a few minutes.

His report says there a no faults whatsoever with the mattress, so the manufacture is unwilling to do anything. The bed shop have offered me a 25% discount on a new mattress. 

Is there anything else I can do?

I'm struggling with sleep as the mattress isn't supporting my upper body. It's uncomfortable when I get into bed and I'm waking around 4am with pain in my shoulders and lower back. I have tried adding a mattress topper but that hasn't really helped much as the dip is still there.

Becles

I've complained to the retailer and the manufacturer and disputed their report as he didn't measure the problem areas of the bed. Both are standing by the report and claim their is nothing wrong with the mattress as it's passed their inspection.

The manufacturer has said I need to take it up with the retailer. The retailer has said I need to take it up with the manufacturer.

What should I do now? 

JJ_Egan

Consumer Rights against the retailer not the manufacturer .

You may need to commission an independent report / Furniture Ombudsman .

Aylesbury_Duck

In order to exercise your consumer rights against the retailer, you need to get your own inspection done.  If it demonstrates a fault, you can add the cost of the inspection to your claim.

On a practical level to help with your back, if the mattress hasn't dipped in the centre, and you sleep alone, why can't you sleep in the middle?

Becles

I've been complaining about this mattress since I took delivery of it last year. It's never felt comfortable since the beginning. The company have a full record of my complaints.

I complained further and disputed the report of the man with a piece of string. They sent a man from a different company.

The second man didn't take any measurements at all. He pushed on the mattress in several places with his hands then lay on the mattress and took a photo of his feet. He told me to my face that the mattress was showing signs of excessive wear. He then told the manufacturer there was nothing wrong with the mattress. The manufacturer told the retailer the mattress is fine, so I was denied a refund and told there is nothing more they are willing to do as they are satisfied the mattress is perfect.

I haven't seen either of these reports so I don't know exactly what they reported back, other than the mattress has no faults.

The condition of the mattress has deteriorated further and I can't get comfortable on any part of it. I complained to the shop again and they said there is nothing they can do as they are satisfied the mattress is fine and it's a "personal comfort" issue.

I have since paid for my own independent report. I used man who was recommended by my local Trading Standards office. He has relevant qualifications and numerous case studies on his website. He was at my home for nearly an hour taking measurements. His report states the side wall of the mattress has collapsed meaning the rest of the mattress isn't supporting me. It has a full written explanation of the faults, including photos showing how far the side wall has collapsed and how deep the dips are. He also lay on it and commented that it is extremely uncomfortable and offers no support to my body. I've sent this to the shop and asked for a full refund and a refund of the independent report fee.

The shop dismissed the report as they do not believe the contents of it. They have passed it to the manufacturer for comment but they said it's unlikely anything can be done.

I've been away for a week and slept in another bed. I didn't realise just how bad mine was. I was sleeping well there and waking without pain in the mornings. I'm back home now and back to disturbed sleep and pains in my neck, shoulders, back and hips.

What's the best way of proceeding now? Should I go small claims court or Section 75 as I paid by credit card?